KT & G CORP., Xcaliber International Limited, LLC, Plaintiffs-Appellants,
v.
ATTORNEY GENERAL OF the STATE OF OKLAHOMA, W.A. Drew Edmondson, in his official capacity as Attorney General, Defendant-Appellee.
Xcaliber International Limited, LLC, Plaintiff-Appellant,
v.
Stephen Six, Attorney General, in his official capacity as Attorney General, State of Kansas, Defendant-Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 23, 2008.
July 23, 2008.
Attorney(s) appearing for the Case
Leonard Violi, Law Offices of Leonard Violi, LLC, Mamaroneck, NY (David R. Cordell and Bruce W. Freeman, Conner & Williams, LLP, Tulsa, OK, with him on the briefs), for Plaintiff-Appellant KT & G Corp.
Kyle M. Keegan, Roy, Kiesel, Keegan & DeNicola, Baton Rouge, LA, (Chris D. Kiesel, Roy, Kiesel, Keegan & DeNicola, Baton Rouge, LA, Bruce W. Freeman and David R. Cordell, Connor & Winters, Tulsa, OK, and William M. Modrein, Stinson Morrison Hecker LLP, Kansas City, MO, with him on the briefs), for Plaintiff-Appellant Xcaliber International Limited, LLC.
Gary D. Wilson, Washington, D.C. (Guy L. Hurst, Senior Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, OK, and Mark Greenwold, Special Assistant Attorney General, State of Oklahoma, National Association of Attorneys General, Washington, D.C., with him on the briefs), for Defendant-Appellee W.A. Drew Edmondson, Attorney General, State of Oklahoma.
Gary D. Wilson, Washington, D.C. (Michael G. Hering and Peter J. Hering, National Association of Attorneys General, Washington, D.C., and Eliehue Brunson, Assistant Deputy Attorney General, Topeka, KS, with him on the brief), for Defendant-Appellee Stephen Six, Attorney General, State of Kansas.1
Before O'BRIEN, EBEL and TYMKOVICH, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
EBEL, Circuit Judge.
In 1998, forty-six states, as well as several territories ("the settling states"), entered into a Master Settlement Agreement ("MSA") with the four major tobacco companies. By that agreement, the settling states agreed to release the tobacco companies from liability for claims the states had against them to recover for tobacco-related health costs, and the tobacco companies in turn agreed to make annual payments to the states in perpetuity. Pursuant...
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